Case Summary
The petitioners, Anil Kumar, Dr. Jayakumar, and Dr. Ajithakumari, sought to restore a previously dismissed civil suit. The case was dismissed due to the absence of the plaintiffs, primarily because of the first plaintiff's illness.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both the application for condonation of delay and the restoration petition. No costs were awarded.
Key Reasoning:
The court found no sufficient reasons or evidence to condone the delay in filing the restoration application.
The court found no sufficient reasons or evidence to condone the delay in filing the restoration application.
Why Defendant Won:
Not available
Not available
Supporting Evidence
There is absolutely no materials before the Court to show that the petitioner was prevented from filing a petition to restore the suit within the time prescribed.
Judgment Evidence:
In the result, IA 01/2025 and RP 154/2025 are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Kumar
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. Jayakumar
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. Ajithakumari
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C B Udayakumar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Secretary, Kollam Municipal Corporation
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Chandrasenan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Condonation of delay in filing RP 154/2025 and restoration of the suit
Evidence:
Consequently, the application for condonation of delay is devoid of merit.
Relief Type:
Other
Outcome:
Refused
Description:
Restoration of the suit on file
Evidence:
In view of my finding on point No.1, this point does not germane for consideration.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2018